Assembly Bill A2787

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2787
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M. of A. PAULIN, THIELE -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the public  officers  law,  in  relation  to  publishing
   records of public interest by agencies and the state legislature
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 84 of the public officers law, as added by  chapter
 933 of the laws of 1977, is amended to read as follows:
   § 84. Legislative  declaration.  The  legislature  hereby finds that a
 free society is maintained when government is responsive and responsible
 to the public, and when the public is aware of governmental actions. The
 more open a government is with its citizenry,  the  greater  the  under-
 standing and participation of the public in government.
   As  state  and  local government services increase and public problems
 become more sophisticated and complex and therefore harder to solve, and
 with the resultant increase in revenues and expenditures, it  is  incum-
 bent  upon  the state and its localities to extend public accountability
 wherever and whenever feasible.
   The people's right to know the process of governmental decision-making
 and to review the documents and statistics leading to determinations  is
 basic  to our society. Access to such information should not be thwarted
 by shrouding it with the cloak of secrecy or confidentiality.
   SINCE THE FREEDOM OF INFORMATION LAW WAS FIRST  ADOPTED,  ADVANCES  IN
 TECHNOLOGY  HAVE  ENHANCED  THE  ABILITY  TO  GAIN  ACCESS TO AND WIDELY
 DISSEMINATE PUBLIC INFORMATION.  ACCORDINGLY, THE LEGISLATURE FINDS THAT
 GOVERNMENT AGENCIES, WHEN AGENCIES HAVE THE ABILITY  TO  DO  SO,  SHOULD
 PUBLISH  RECORDS PROACTIVELY ON THE INTERNET THAT ARE OF PUBLIC INTEREST
 AND AVAILABLE UNDER THIS ARTICLE.
   The legislature therefore declares that  government  is  the  public's
 business  and that the public, individually and collectively and repres-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05333-01-3
 A. 2787                             2
              

 
 ented by a free press, should have access to the records  of  government
 in accordance with the provisions of this article.
   §  2. Section 90 of the public officers law is renumbered section 90-a
 and a new section 90 is added to read as follows:
   § 90. RECORDS OF PUBLIC INTEREST. 1. EACH  AGENCY  AND  HOUSE  OF  THE
 STATE LEGISLATURE SHALL PUBLISH, ON ITS INTERNET WEBSITE, WHEN THE AGEN-
 CY  OR  HOUSE OF THE STATE LEGISLATURE HAS THE ABILITY TO DO SO, RECORDS
 OR PORTIONS OF RECORDS THAT ARE AVAILABLE TO THE PUBLIC PURSUANT TO  THE
 PROVISIONS OF THIS ARTICLE, AND WHICH, IN CONSIDERATION OF THEIR NATURE,
 CONTENT  OR  SUBJECT  MATTER,  ARE  DETERMINED  BY  THE  AGENCY TO BE OF
 SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH RECORDS MAY BE REMOVED FROM
 THE INTERNET WEBSITE WHEN THE AGENCY OR HOUSE OF THE  STATE  LEGISLATURE
 DETERMINES  THAT  THEY  ARE  NO  LONGER  OF  SUBSTANTIAL INTEREST TO THE
 PUBLIC. ANY SUCH RECORDS MAY BE REMOVED FROM THE INTERNET  WEBSITE  WHEN
 THEY  HAVE  REACHED THE END OF THEIR LEGAL RETENTION PERIOD. GUIDANCE ON
 CREATING RECORDS IN ACCESSIBLE FORMATS  AND  ENSURING  THEIR  CONTINUING
 ACCESSIBILITY  SHALL BE AVAILABLE FROM THE OFFICE FOR TECHNOLOGY AND THE
 STATE ARCHIVES.
   2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
 TO  RECORDS OR PORTIONS OF RECORDS THE DISCLOSURE OF WHICH WOULD CONSTI-
 TUTE AN UNWARRANTED INVASION OF  PERSONAL  PRIVACY  IN  ACCORDANCE  WITH
 SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THIS ARTICLE.
   3.  THE  COMMITTEE  ON OPEN GOVERNMENT SHALL PROMULGATE REGULATIONS TO
 EFFECTUATE THIS SECTION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS TO LIMIT  OR  ABRIDGE
 THE  POWER  OF  AN  AGENCY  OR HOUSE OF THE STATE LEGISLATURE TO PUBLISH
 RECORDS ON ITS INTERNET WEBSITE THAT ARE SUBJECT TO  THE  PROVISIONS  OF
 THIS ARTICLE PRIOR TO A WRITTEN REQUEST OR PRIOR TO A FREQUENT REQUEST.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.